Prenuptial Agreement In Goa

There is no specific law that speaks to the legality or applicability of marriage contracts in India. Marital agreements in India are not binding. But this will not devalue the importance of marriage contracts as a whole. The court could consider the marital agreement to understand the couple`s intent. The marital agreement helped the court find an appropriate settlement in the event of a divorce. The question is: « If a document has no binding value in the courts, what is the purpose of entering into a marriage contract in India? Is there an alternative to a marriage deal in India? Does Indian legislation provide other remedies for such situations? In this article, Anubhav Kumar Pandey of Rajiv Gandhi`s National Law University talks about the legality of the prenuptial agreement in India. You now know that the marriage agreement in India is an accompanying document. Marital agreements in India can be used to reduce uncertainty surrounding the distribution of real estate and other problems encountered during a divorce. Without going further into moral issues and examining the reasons why marital agreements should be legally binding, we should look for clauses that any matrimonial agreement must contain in India.

one. It provides for full disclosure of the financial status of both spouses and prevents the possibility of marital fraud, with one spouse concealing his actual financial context in the other spouse. B. It removes ambiguity and determines the quantum of subsistence and/or subsistence stagnates the wife and children at the time of separation or dissolution of marriage. This is advantageous for male spouses, as the majority of child support laws in India are folded for the benefit of female spouses and, instead of having a practical arithmetic formula to determine the quantum of the amount of support and/or support, the court decides the quantum based on various factors such as the spouse`s income, standard of living, the applicant`s behaviour, etc. Therefore, the sum reflects the Tribunal`s discretion and may be small or excessive. On the contrary, a pre-marriage agreement provides for a predetermined distribution of assets that secure their future after divorce. c.

As most financial issues are already sketched out in a prenupe, the couple is protected from legal problems, fierce negotiations and harassment that go to the resolution of financial issues after the collapse. d. It provides for child custody rights negotiated in advance at the time of the separation or dissolution of the marriage. E. It also provides protection for the husband from wrong prosecution or accusations of the wife. Enforceable power: while in India, proponents of pre-negotiation agreements claim that they are liberating documents of women, since they financially insure wives by imposing conditions that end the distribution of assets, it has its own flaws. The first set of problems stems from the very different system of Indian marriage laws, since in India, marriages are governed by the personal laws of marriage parties.